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Case C-385/23, Finnair (Fuel gauge design defect): Judgment of the Court (Eighth Chamber) of 13 June 2024 (request for a preliminary ruling from the Korkein oikeus – Finland) – Matkustaja A v Finnair Oyj (Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Compensation for passengers in the event of long delay or cancellation of flights – Exemption from the obligation to pay compensation – Extraordinary circumstances – Technical failures caused by a hidden design defect revealed by the manufacturer after cancellation of the flight – System for measuring the quantity of fuel in the aircraft)
ECLI:EU:UNKNOWN:62023CA0385
62023CA0385
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Official Journal of the European Union
C series
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C/2024/4568
29.7.2024
(Case C-385/23, (1) Finnair (Fuel gauge design defect))
(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 5(3) - Compensation for passengers in the event of long delay or cancellation of flights - Exemption from the obligation to pay compensation - Extraordinary circumstances - Technical failures caused by a hidden design defect revealed by the manufacturer after cancellation of the flight - System for measuring the quantity of fuel in the aircraft)
(C/2024/4568)
Language of the case: Finnish
Referring court
Parties to the main proceedings
Applicant: Matkustaja A
Defendant: Finnair Oyj
Operative part of the judgment
Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91,
must be interpreted as meaning that the occurrence of an unexpected and unprecedented technical failure affecting a new aircraft model recently put into service which results in the air carrier cancelling a flight is covered by the concept of ‘extraordinary circumstances’, within the meaning of that provision, where the manufacturer of that aircraft recognises, after that cancellation, that that failure was caused by a hidden design defect concerning all aircraft of the same type and impinging on flight safety.
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ELI: http://data.europa.eu/eli/C/2024/4568/oj
ISSN 1977-091X (electronic edition)
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